Laserfiche WebLink
r 0 <br />required, or if Contractor violates any provision of this Agreement, Contractor shall be deemed in default. <br />City shall provide written notice of such default to Contractor's Project Manager. Contractor shall cure said <br />default within a period of two (2) working days. If more than two (2) working days are reasonably required <br />to cure the default, Contractor shall provide adequate assurance of due performance within forty-eight (48) <br />hours after Contractor receives written notice of default from City. Such assurance shall include <br />acknowledgement of the defaulf Contractor's proposed remedy and the timeline (not more than seven (7) <br />working days) for cure. If such cure is not completed in a timely manner, City may assess liquidated <br />damages or terminate the Agreement forthwith by giving written notice to Contractor's Project Manager. <br />City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this <br />Agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by <br />City, including replacement costs of equipment and labor required to provide service during Contractor's <br />default. <br />b. In addition to, or in lieu of, remedies provided in this Agreement or pursuant to law, City shall <br />have the right to withhold all or a portion of Contractor's compensation for contract services if, in the <br />judgment of the Projects Manager or designee, the level of maintenance falls below appropriate street <br />sweeping maintenance standards and/or Contractor fails to satisfactorily perform contract services. City shall <br />have the right to retain funds withheld until the Projects Manager or designee determines that contract <br />services are performed as well and as frequently as required by this Agreement. <br />c. Termination by Contractor. <br />(i) Contractor may stop providing service pursuant to this Agreement in the event on nonpayment <br />by the City. In order to invoke this provision, Contractor must first provide to City thirty (30) <br />day written notice of nonpayment of undisputed sums. Contractor shall allow the City thirty (30) <br />working days to cure the alleged breach, after Contractor provides written notice of such breach. <br />(ii) The Contractor may request termination of the contract when conditions during the contract <br />make it impossible to perform or when prevented from proceeding with the contract by act of <br />God, by law or official action of a public authority. In such event, Contractor may request <br />termination by providing one -hundred eighty (180) days written notice prior to contract <br />termination date. If such event may not be remedied by reasonable action taken by Contractor, <br />City may approve termination. <br />14. LIQUIDATED DAMAGES <br />If City determines that the Contractor has breached its promise to provide street sweeping services in <br />compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set <br />forth herein, it would be impracticable and extremely difficult to determine the damage to City arising from <br />such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $265.00 <br />per street sweeping hour during which Contractor remains in breach, in addition to any cost, fines, etc. levied <br />against the City. <br />15. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS <br />Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City <br />shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and <br />community centers. Such effort and procedure will be provided to the City for review. <br />25J-10 <br />